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GENERAL  LAWS 


OF  THE 


(SECOND  EXTRA  SESSION,) 


OF  THE 


STATE  OF  TEXAS. 


BY    AUTHOFJTY 


PRINTED    AT    THS     "STATE    GAZETT?:"    BOOK:    AND    JOB    OFFICE. 

19C5. 


GENERAL  LAWS. 


cnAriER  I. 

An  Act  to   amend  an,  Act,  to  encourage    the    erection  of  cfriain  machinery,  &jr 
donation  of  lands  and  otherwise,  approved  December  loth,  1803. 

Pkction-  1.  Be  it  C7iact''d  hy  Hie  Legislature  of  the  S,\ife  of  Tcxix,  Tlint  Ihe 
<hirJ  section  of  the  afore.«a'ul  act  sliall  he  so  amcndeJ  a-s  to  ro!i>l  as  follows: 
Suction  ,^d.  That  it  shall  be  the  duty  of  the  said  Commissioners  after  ma k- 
iug  a  ininiite  pei'p-inal  examination  of  said  macliincry,  and  after  procuring 
such  other  evidence  of  its  value  as  may  be  accessible  to  thet;i,  to  valua  the 
same  at  its  true  valuation  in  specie.  In  sHid  valuation,  the  neccssai-y  build- 
ings and  structures,  erected  lor  the  efficient  operation  of  said  machinery, 
Bhall  be  included;  but  the  land  upon  which  they  are  situated  Shrill  not  bo 
Tahied.  In  case  said  buildings  <  r  mucliinery  shall  have  been  deslrojed,  in 
wliole  or  in  part,  bv  fire  or  the  public  oneiiiy.  or  by  any  other  cause,  over 
which  the  owner  or  owners  of  said  property  had  no  coiiirol,  before  said  Com- 
missioners have  made  a  personal  examination  thereof,  they  may  neverthe- 
less proceed  to  hear  evidence  and  assess  the  value  of  said  property  as  though 
it  had  not  Vieen  destroyed. 

J^rovidcd.  That  uo  bonus  sliall  be  r.llowed  to  an}-  party  "whose  property  has 
been  so  destroyed,  unless  the  Commissioners  are  Satisfied  that  each  parly 
has  exercised  reasonable  care  over  said  propavly. 

Si;c.  2.  that  this  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage 

Approved  November  7,  18C1. 


CnAriER  II. 

An  Act  in  amend  the  fourth  section  of  an  Act  to  organize  the    Supreme  Coiirt  of 
(he  State  of  Texas,  approved  May  \^th,  1846. 

Section  1.  Pe  it  enacted  by  the  L^jidat^ire  of  the  Slat*  of  T'-roji,  Tlhit  the  4fh 
pectiou  of  an  net  to  organize  the  Supreme  Court  of  the  Ptatc  of  Texas,  approved 
May  12th,  1R4'j.  bo  amended  so  as  hereafter  to  road  as  follows,  to-wit: 

Sec.  4.  That  thero  shall  be  appointed  for  the  Supreme  Court  one  clerk  for  each 
division  of  the  court,  who,  in  addition  to  tlic  duties  now  re<niir<yl  by  l.'.w  of  the 
clerks  of  the  Supreme  Court,  e;»eh  of  the  c'orks  appointed  under  this  act  shall 
be  required  to  act  as  librarian  ia  keeping  atid  prc^crvin2  tlio  books  t)f  the  Sn- 


preme  Court,  and  shall  reside  at  the  place  of  holding  court,  the  appointnicnt 
shall  be  made  by  the  court,  or  the  Judges  thereof,  and  shall  be  entered  of  record 
In  the  proceedings  of  the  court,  and  each  person  so  appointed  shall,  before  ho 
enters  upon  the  duties  of  his  office,  take  and  subscribe  the  oath  prescribed  by 
the  constitution  before  any  ofncer  authorized  to  administer  oaths  generally,  and 
shall  enter  into  a  bead  with  two  good  securities,  to  be  approved  by  the  court  or 
the  Judges  thereof,  payable  to  the  Governor  of  the  Slate,  and  liia  successors  in 
office,  in  the  penalty  of  two  thousand  dollars,  conditioned  for  the  faithful  per- 
formance of  the  duties  of  his  ofBce,  and  that  he  correctlv  record  the 
judgments,  decrees,  decisions  and  orders  of  the  said  court,  and  deliver  over  to 
his  successor  in  office  all  records,  minutes,  books  and  papers,  and  whatever 
belongs  to  his  said  office  of  clerk,  which  bond  and  oath  shall,  without  delay,  be 
deposited  in  the  office  of  the  Secretary  of  State,  and  shall  not  be  void  on  the 
first  recovery,  but  may  be  p\it  in  suit  and  prosecuted  by  any  party  injured,  until 
the  amount  thereof  be  recovered,  and  shall  be  deemed  to  extend  to  the  faithful 
discharge  of  the  duties  of  his  office.' 

Sec   2.     That  this  act  tako  effect  and  be  in  forco  from  and  after  its  passage. 

Approved  Nov.  lOih,  1S61. 


^CHAPTER  IIL 

An  Actio  define  and  fix  the  time  of  hohUnj  the  District  Coxiriahi  the  Second  Judicial 
District  of  the  State  of  Texas. 

Section  1.  Be  it  enacted  hy  tire  LcfjisIafMre  of  the  State  of  Texai^,  That  th.e 
second  Judicial  District,  composed  of  the  counties  of  Bastrop,  Caldwell,  Guada- 
lupe. Hays  and  Travis,  shall  remain  as  heretofore,  and  the  District  Court  shall 
bo  liel  1  twice  in  each  year  in  each  of  said  counties,  as  follows :  In  the  county 
of  Bastrop  on  the  first  Mondays  in  March  and  September,  jM-.d  may  coutinuo  in 
session  three  weeks.  In  the  county  of  Caldwell  on  the  third  Mondays  after  the 
fir^t  Mondays  in  March  and  September,  and  may  continue  in  session  two  weeks. 
In  the  county  of  Guadalupe  on  the  fifth  MondavH  after  the  first  Mondays  in 
March  and  September,  and  n:ay  continue  in  session  tlirce  weeks.  In  the  county 
of  Hays  on  the  eighth  Mondnys  after  the  first  Mondays  in  March  and  September, 
and  may  continue  in  session  two  weeks.  In  the  county  of  TravLs  on  tiie  tenth 
Mondays  after  the  first  Mondays  in  March  and  September,  and  may  continue  in 
session  until  the  business  is  disposed  of. 

Sec.  2.  That  all  writs  and  other  proccfs,  issued  from  the  District  Court  of 
any  of  the  counties  named  in  tliis  act,  shall  bo  made  returnable  to  the  terms  of 
said  court,  as  established  by  this  act. 

Si:c.  o.  Tliat  this  act  take  effect  and  be  in  force  from  and  after  tho  25th  of 
December,  A.  D.,  1 SG4. 

ApprovfcdXov.  12th,  1864. 


CHAPTER  lY. 

An  Act  io  iiisure  correct  rtt^urn-s  of  Assccsmerd  RoJls  to  the  ComptroUir's  Office. 

Sectio:^  1.  Be  it  enar.ted  hy  the  Legislature  of  the  State  of  Texas,  That  it  shall 
be  the  duty  of  the  Assessors  and  Collectors  of  the  State  of  Texas  to  carefully  sum 
up  each  column  of  each  page  of  their  Assessment  Rolls,  making  the  tot^l  value 
column  of  ea<.'h  page  balance  with  the  aggregate  amount  thereof,  and  on  the  last 
page  of  the  rolls  make  a  general  and  complete  recapitui.  lion  of  the  same. 

Ssy.  2.  That  it  shall  bo  the  duty  of  the  Chief  Justice  and  County  Commission- 
ers, whe«i  said  rolls  are  presented  for  their  approval,  to  vorifj  the  correctness  of 
the  Assessor's  summations  and  recapitulation. 


S;:c.  3.  ,That  In  cise  the  requirements  of  the  first  section  of  this  act  are  not 
oomplieii  with  hv  the  Ass".'Ssors  and  Coiloctors  in  the  copy  of  asses-niont  for- 
warciud  lo  the  Cjinptroller's  olfiv-e,  t!ie  CompiroUer  sliall  deduct  one  luuiilrcd 
dollars  from  die  i-oiUiuissious  of  such  Assessors  and  Collectors  so  failing  for  oack 
and  every  siuli  failure. 

Approved  Nov.  l^i,  ISCi. 


CnAPTER  V. 

A)i.  Act  maldiifi  an  appropriation  to  defray  the  contingent  expenses  of  the  cffice 
of  Attorney  General  for  the  years  18(J4  and  1865. 

Skction  1.  Be  it  enacted  by  ihe  Legislature  of  the  State  of  Texas,  That  tho 
sum  of  one  thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  be,  and  the 
same  is  hr'reby  appropriated  annnally  to  defray  the  contingent  expenses  of  the 
oiiicc  of  Attorney  (xenernl  for  tlie  years  IS'ol  and  1865. 

Sec.  2.     Th  it  t  is  act  take  effect  from  and  after  its  passage. 

Approved  Noveiaber  8th,  18G4. 


CHAPTER  YI. 

An  Act  mppknientary  to  an  Act  entitled  an  Act  regulating  Juries,  approved  Mag 
4th  184ii. 

Skckon  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Tc.ms,  That  the 
oonnty  courts  of  the  several  counties  in  tlii.'^  State  shall  hereafter  revi.-jo  the  jury 
li.'5ts  of  their  respective  counties,  as  now  required  bj  law,  at  tiieir  first  regnhir 
term  in  each  year;  Provided  tiiat  if  from  any  cause  the  same  should  be  omitted  at 
eaid  term,  said  courts  .sliall  rcvi.se  said  lists  at  tho  next  succeeding  term  or  at  a 
special  terra  to  be  called  for  sai<l  purpose. 

Sec.  2.  In  every  county  whore  the  number  of  citizens  liable  to  jury  duty  at 
the  time  of  the  revision  of  the  jury  li.st  sliall  be  less  than  one  hundred,  it  shall 
be  the  duty  of  the  couMty  courts  to  place  upon  the  jury  listjs  the  names  of  all  Jus- 
tices of  tho  Peace,  Constables,  Coroner.^  Overseers  of  roads.  Couniy  Surveyors 
and  County  Treasurers,  who  are  not  exempt  from  jury  duty  for  other  causes  ihaa 
qftieia!  position,  and  said  persons  shall  be  required  to  serve  as  other  Juror.s,  unless 
iucompatible  with  the  actual  di;cli;irge  of  their  ofdeia!  duties*  at  the  time  their 
services  shall  he  required,  to  be  decided  by  the  Judge  of  the  court  in  session. 

SiiO.  3.  All  laws  and  parts  of  laws  contlicting  herewith  are  hereby  repealed, 
and  this  act  siiall  take  efi'eet  and  be  in  force  trom  and  after  its  passage. 

Approved,  Nov.  14th,  I8tj4. 


CHAPTER  YTI. 

An  Act  to  amend  (Jie  V2lh  and  2lih  sections  of  an  xlct  eniitle-1  an  Act  to  anthnrize 

th".  County  Courts  to  regulate  lioadx,  appoint  Overseers,  &c.,  approved  February 

6!h,  1856." 

Skction  1.  Be  it  e:t acted  by  the  Legislature  of  fJie  State  of  Texas  as  foUou's  : 
Tliat  the  r2th  section  of  the  act  recited  in  tlie  caiition  hereof,  be  fo  amended  as 
that  the  same  sliall  Iiereafter  read  as  follows,  to-wit :  Sec.  1'2.  All  free  white  male 
persons  between  the  ages  oi  seventeen  and  tiffy  years,  and  all  male  slaves  and 
Other  persons  of  color  over  sixteen  and  luider  fifty  years  of  age,  shall  be  liable, 
and  it  is  hereby  made  their  duty,  to  work  on,  repair  and  c|ear  out  the  public  roads 
of  tiiis  State,  under  sucli  provisions  and  regulations  as  hereinafter  made. 

Sec.  2.     That  section  24  of  said  act  shall  hereafter  read  as  follows,  to-wit : 


Sec.  24.  All  fines  imposed  under  the  provisona  of  thi8  act  sliiill  be  collected 
in  gold  or  silver-  coin,  State  trcasuiy  v.-arranis  or  Confederate  niouey  of  the  new- 
issue  at  its  market  value,  and  wheu  recovered,  after  deducting  therefrom  all  legal 
costs,  the  balance  shall  be  paid  over  to  the  overseer  of  the  road,  in  the  precinct 
Tyhere  the  penaltj'^  accrued,  for  which  amount  the  overseer  shall  give  his  receipt, 
the  money  to  be  applied  by  him  co  the  improvement  and  keeping  in  good  repair  of 
his  road. 

Ssc.  3.  That  this  act  take  effect  from  its  passage  and  be  and  remain  in  force 
until  twelve  months  after  the  close  of  the  iDresent  war. 

Approved,  Nov.  14th,  1864. 


.      CHAPTER  YIII. 

An  Act  supplementary  to,  and  amendatory  of  an  Act  to  estahlinh  a  code  of  crimi- 
nal procedure  f  oh  tin  State  of  Texas,  approved  August  2G?A,  1856. 

SF.CTfON  1.  Be  it  enacted  Jill  the  Legislature  of  the  State  of  Texas,  Thai:  arti- 
cles %0,  %"2  and  !M51  of  the  above  entitled  act  shall  hereafter  read  as  follows,  to- 
wit:  Art.  960.  Tht' Khe riff  shall  receive  from  the  county,  for  each  guard  he  may 
employ  and  for  the  support  and  mtintenance  of  fach  prisoner  in  hiscu-tody 
Kueh  auinuut  as  the  t'iiief  .Justice  may,  in  hia  discreti"n,  designate  as  necessary 
and  sufficient,  to  bo  allowed  by  the  (;hief  Justice  on  the  presentation  to  him  of 
tlie  acciiunt  verified  by  the  oath  of  the  She.'iff.  Art.  ;)(/2.  At  esch  term  of  the 
District  Court  of  his  countv,  tho  Shorilf  may  pr^seut  to  tnc  District  Judge 
presiding,  his  nccoiint  for  ail  expenses  incurred  by  him  for  food  and  lodging 
of  jurors  in  cases  of  trial  for  felony  du/ing  the  term  a,t  which  his  account  is 

ires.eiitcd,  which  account  shall  be  verified  by   the   oath  of  the    Sheriff.     Ar);. 

Gl.  The  District  .Ju<lge  shail  give  to  the  Sheriff  a  draft  upon  tho  County 
Treasurer  for  the  amount  of  e.ii-h  account  allowed  by  him,  and  the  same 
when  i>rosonted  to  the  Treasurer  shall  be  paid  out  of  any  monei'  in  his  hands. 
The  Chief  Justice  sh>dl  give  to  the  .sheriff  a  draft. upon  the  County  Treasurer 
for  the  amount  of  each  acco'rr.t  allowed,  not  to  include  those  allowed  for  keep- 
ing prisoners  brought  from  other  counties  for  safe  keeping,  or  for  trial  on  change 
of  veuuo,  and  the  same,  when  presented  to  the  ('ounty  Treasurer,  shiiU  be  paid 
out  of  any  money  in  his  ha  ds;  and  he  shall  also  give  the  said  Sheriff  a  draft  for 
the  amount  of  each  account  allowed  by  him  ou  account  of  any  prisonfra  bn.ught 
from  another  couuty  for  safe  keeping  or  trial  on  change  of  venue,  on  the  County 
Treasurer  of  tho  county  from  which  such  prisoner  may  have  been  brought ;  and 
the  same  when  pr^i'ented  to  tho  Treasurer  of  such  last  named  ci>uuty  shall  be 
paid  <iutof  any  money  in  his  hands. 

Sec.  2.    That  this  act  shall  take  effect  and  be  in  force  from  and  after  ite 
passage. 
Approved,  Nov.  14ch,  1864. 


I 


CHAPTEK  IX. 

An  Act  viaJcing  appropriation  to  pay  the  mileage  and  per  diem  of  the  members  and 
theper  diem  pay  of  the  Offi.cers  of  the  second  extra  session  of  the  tenth  Legislature. 

Fectionj.  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
sum  of  fifty  thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  is  hereby 
appropriated  to  pay  the  mileage  and  per  diem  of  the  me.aiber*,  and  the  per  diem 
of  theoflicers  of  the  second  extra  session  of  the  tenth  Legislature,  and  th«  eer- 
tiQcateof  the  Clerk  of  the  House,  and  Secretary  of  the  Senate,  of  the  amount 
due  shall  be  authority  to  draw  said  money  from  the  treasury  of  the  State,  for 
tQeir  respective  Houses. 


Sec.  2.    Thai;  thii?  act  tnke  effect  and  bo  in  force  from  aud  after  its  passa<'e. 
iippx'oved,  Kov.  IStli,  16G4. 


CHArTiSK  X. 

An  Act  mahing  an  appropriation  for  paj/ing  (lie  contingent  expenses  of  the  second 
<xtra  session  of  the  tenth  Legislature. 

Section  1.  Be  it  enacted  bj/ the  Legislature  of  ihc  Slate  of  Texas,  That  the 
S'liii  of  twenty- fiv(3  thiHisniKi  doUars.  or  so  tniich  tlioredf  hs  uiay  to  Leces,sarv, 
ie  hereby  appropriated  to  pay  the  continfjent  expenses  of  the  secoti'^  extra  ses- 
sion of  th«  tenth  Legit^lature ;  Provided,  that  for  the  postajie  billa  due,  Uie 
Comptroller  shall  issue  his  warrant  ou  the  Treasurer,  payable  iu  Cuufederato 
treasury  notes. 

Si:c.  2.     This  act  to  be  in  force  from  and  after  its  passaga 

Approved,  JS'ov.  loth,  1664. 


•      CHAPTER  XL 

An  Act  to  raise  Revenue  from   Occupation   and  Income   Taxes.     Be  it  enacted  Ig 
the  Legitiaturc  of  the  State  of  Texas  asfolhncs: 

Skction  1.  On  each  occupafioii  of  distilliiij:^  s]Mrituon5  liquor,  by  u«e  of  a 
Ftill  capable  of  holding  ei.!?hty  gallons,  there  sbali  be  leviod  an  annual  tax  of  one 
ilionsanvl  dollars;  iind  on  each  oecnpalioi.  of  siicli  distillinir  by  use  of  a  .still  of 
gj'cater  or  les.«  capacity  than  eighty 'siallons  there  shall  be  a  proportional  annual 
t;ix.  It  is  underfilood  that  such  uso  of  each  still  constitutes  a  separate  occupa- 
tion, subject  to  the  appropriate  tax.  The  term  "still,"  as  used  tbroupiiout  this 
act,  comprehends  evi-ry  kind  of  nietaliic  or  wooden  vessel,  used  for  boiling  Tupiid 
iu  the  process  of  distillation.  And  every  perton  engaged  in  such  occupation  is 
called  adistilK-r. 

Sec.  2.  Xo  person  shall  engage  iu  the  occupation  of  distilling  spirituous 
liquors,  without  previously  obtaining  a  license  therefor:  and  such  license  may  be 
obtained  iu  the  tbllowing  manner :  A  person  or  company  purposing  to  engage 
in  swcfi  occui)aiion  .sh:tll  pay  the  proper  tax  to  the  Assc.-s-or  and  Collector  of 
taxes  of  the  county  wherein  the  business  is  to  be  couductvd,  who  shall  give  a 
corresponding  receipt.  According  to  such  receipt  the  Clerk  of  the  county  court 
of  said  county  shall  issue  a  license  for  pursuing  such  occupa'ion  for  the  term  of 
one  year.  Provided,  the  Assessor  and  Collector,  before  giving  such  receipt, 
shall  accurately  .ascertain,  by  his  own  measurement,  the  number  of  gallons 
whieh  the  still  may  be  capable  of  holding 

8kc.  S.  On  each  occupation  of  retailing  spirituous  or  other  liquors,  tHere 
shall  be  levied  a  tAs.  at  the  rate  of  two  hundrecWmd  lifty  doHars  per  aniunn,  which 
tax  sh^ll  bo  levied  and  collected,  as  provided  for  other  taxes  in  the  fir.>-t  section. 
The  term  "retailing"  in  this  act  is  understood  to  mean  selling  in  a  quantity  less 
than  a  gallon.  No  person  shall  engage  iu  the  occupation  of  retailing  spirituous  or 
other  liquors  without  previously  oiiiaining  a  license  therefor;  and  such  license 
may  bo  o.btain(?d,  as  provided  ior  otlfpr  licenses  in  the  second  section  ;  Provided 
such  lieense  may  be  issued  for  any  lime  not  exceeding  one  year  nor  less  than  three 
mouths. 

fc>Ei;.  4.  It  shall  be  a  misdemeanor  for  any  person,  either  nloue  or  as  ono 
of  a  eompany,  to  violate  cither  of  the  foregoing  prohiliition.s:  the  ono  against 
di.stilling  without  a  license,  .and  the  other  against  retaNiug  withovil  a  lieense :  and 
the  uulicens^  l)ursuit  of  either  of  such  occupations  on  any  ono  day  shall  consti- 
tute the  comph.'te  offense :  and  the  otfcnse  will  be  compleie  for  each  day  on  which 
cither  of  such  occupaiious  shall  be  pursued  without   license.     And  any  person, 

t 


who  shall  pursue  the  occupation  of  distilling  without  license,  so  as  to  Tiolate  tho 
first  prohibition  and  be  2,Hii!ty  of  a  misdemeanor,  as  aloresaid,  shall  be  punished 
by  a  tine  of  one  hundred  dollars;  and  any  person  who  shall  pursue  the  oeeupa- 
tion  of  retailing  without  license,  so  as  to  violate  the  second  prohibition  and  be 
guilty  of  a  niisdoiueanor,  as  aforesaid,  shall  be  punished  by  a  fine  of  fifty  dollars; 
and  such  fines,  respectively,  shall  be  imposed  for  the  separate  oifense  of  each 
day,  ou  wJiich  an  offender  may  so  violate  a  prohibition. 

Sgc.  5.  The  Assessor  and  Collector  of  the  county  in  which  such  offense 
Siiall  have  been  committed  against  either  of  said  prohibitions,  is  required  to 
prosecute  every  such  oflfiiuder  before  a  proper  tribunal.  And  for  such  service  the 
person  so  prosecuting  shall  be  entitled  to  a  commission  of  twenty  per  centum  on 
the  amount  that  may  be  collected  of  any  such  fine. 

The  District  Judges  shall. have  jurisdiction  to  prevent  any  person  from  pursu- 
ing either  of  sucli  occupations  without  license,  as  against  pul»lic  policy,  and  for 
such  purpose  may  use  the  writs  of  injunction  and  attachment,  and  any  other 
appropriate  remedy. 

The  Assessor  and  Collector  is  required  to  present  to  the  proper  District  Judge, 
by  petition,  a  fall  showing  of  every  such  oftense,  and  to  prosecute  each  known 
^ifendcr,  to  prevent  the  unlicensed  pursuit  of  either  of  such  occupations.  For 
such  services  the  Assessor  and  Collector  shall  have  such  conipensiition  as  may  be 
allowed  by  the  Judge,  before  whom  the  case  shall  be  presented  as  aforesaid. 

If  the  Assessor  and  Collector  should  wilfully  fail  or  refuse  so  to  present  and  pros- 
ecute any  such  case  before  the  District  Judge,  such  fadnre  or  refusal  shall  be 
considered  a  misdemeanor;  for  which  the  puuisluueiit  shall  l)e  a  fine  of  one  thou- 
sand dollars,  or  an  imprisonment  of  one  month,  or  both,  as  the  jury  may  deter- 
mine. And  the  District  Attorney,  for  liis  services,  shad  have  twenty  per  centum 
on  the  amount,  tliat  may  be  collected  of  such  tine. 

Moreover,  the  District  Attorney  is  charged  to  see  that  this  act  shall  be  enforced; 
and  to  this  end,  in  case  of  delay  or  failure,  or  refusal  of  the  Assessor  and  Collector, 
the  District  Attorney  shall  institute  and  prosecute  proceedings  for  any  offense  of 
pursuing  either  of  said  occupations  without  license;  and  he  shall  be  entitled  to 
compensation  as  prescribed  for  the  Assessor  and  Collector.  And,  on  delay,  fail- 
ure or  refusal  of  the  Assessor  and  Collector,  the  District  Attorney  shall  institute 
and  prosecute  proceedings  before  the  District  Judge,  to  prevent  the  unlawful 
pursuit  of  cither  of  such  occupations;  and  said  attorney  shall  be  entitled  to  com- 
pensation, as  prescribed  for  the  Assessor  raid  Collector. 

But  no  license  shall  be  i.ssued  for  retailing  liquor  until  the  person  or  company, 
applying  therefor,  shall  have  given  bond  to  the  State,  with  sufficient  sureties,  to 
be  approved  b}'  the  Chief  Justice,  in  the  penal  sum  of  one  thousand  dollars,  con- 
ditioned that  the  retailing  estal^lishinent  shall  be  kept  in  an  orderly  manner. 

Skc.  G.  There  shall  1)6  levied  and  collected  an  income  tax  of  five  per  centum 
on  the  gross  amount  of  all  sales  of  spirituous  or  other  liquors,  including  beer  and 
wine,  of  all  kinds.  And  any  ,  person  or  firm  making  any  such  sale,  either  by 
wholesale  or  by  retail,  shall  render  an  account  thereof ,  in  writing,  and  on  oath, 
stating  fairly  the  full  amount  of  tli* sales,  and  the  value  of  any  quantity  disposed 
of  in  any  other  manner  than  by  sale,  which  shall  be  regarded^is  a  sale  for  such 
value ;  and  such  returns  shall  be  made,  within  one  month  from  the  time  of  such 
disposal,  to  the  Clerk  of  the  County  Court  of  the  county  in  which  such  disposal 
shall  have  been  made.  And  such  tax  shall  be  promptly  paid  to  the  As.ses.sor  and 
Collector  of  said  county,  every  mouth,  as  it  shall  become  due.  And  any  person 
who  shall  fail  to  comply  with  either  of  the  foregoii\g  requirements,  as  to  raaking 
returns  or  payments,  shall  be  guilty  of  a  njisdenieanor,  and  on  conviction  shall  i^e 
punished  by  tine  in  the  sum  of  one  thousand  dollars,  or  by  imprisonment  not 
exceeding  six  months,  or  by  both,  as  the  Jury  maj-  determine. 

Seo.  7.  Theie  shall  be  levied  and  collected  an  inco;ne  tax  of  ona  per  centum 
on  the  gross  amount  of  .all  sales  of  all  kinds  of  merchandise,  except  the  articles 
mciUioued  in  section  six,  and  agricultv.ral  and  mechanical  produets,  when  disposed 
of  by  the  producers.     And  returns  of  such  sales  and  other  dispositions  of  such 


tarred  mcrc'irindisc  shall  be  made,  and  the  taxes  thereon  shall  he  paid  and  col- 
lected, in  all  respects  as  prescribed  in  seetion  six.  a^  to  other  taxes.  And  viola- 
tions of  the  provisions  of  this  section  shall  be  uiisdcnieaiiors;  and  the  persons  so 
oOending  shall  be  punished  as  provided  for  punishing  oftcaders  under  the  sixth 
section. 

Si;0.  S.  There  shall  be  assessed  and  collected,  annually,  the  following  taxes 
on  persons  pur.-uing  tlic.  foUov.-ing  respective  occupations:  On  every  \vh ok  sale 
merchaut,  vriiose  business  may  be  wholesale,  retail  oi'  commission,  three  hundred 
dollirs;  on  every  retail  merch-int,  one  hundred  dollars;  on  every  dru,i;s:ist, 
one  Imndrcd  dollars  ;  on  every  auctioneer,  one  hundred  dolUirs,  on  evcrj'  hawker 
or  pcddlar,  fifty  doilars. 

Skc.  9.  There  sliall  be  assessed  and  collected,  annually,  the  following  taxes 
on  ])ersons  pursuing  the  following  respective  occupations:  On  every  pcrsoa 
heeping.  for  pla^y,  a  billiard  table,  or  a  nine  or  ten  pin  alley,  one  hundred  dollars; 
on  every  person  doing  a  storage  or  warehouse  Jjusiuess,  one  hundred  dollars;  on 
every  person  doing  the  public  business  of  compressing  oV  ro-pressing  cotton,  ono 
hundred  dollars;  on  every  insurance  company,  one  hundred  doHars;  on  every 
ferrying  estahlipliment,  doing  t'.ie  business  as  much  as  three  months  in  the  year, 
twenty-live  dollars;  <in  the  ownership  of  any  toll  bridge,  twenty-tive  dollars;  on 
every  dentist,  fifty  dollars  ;  on  every  establishment  for  brokering  or  commission 
business,  fifty  dollars;  on  every  establishment  for  underwriting,  fifty  dollars ;  oa 
every  establishment  for  pawnbroi.ering,  fifty  dollars;  on  each  negro  trader,  doing 
such  bnsiiu^ss  as  an  occupation,  but  not  as  a  merchant  or  auctioneer,  two  hun- 
dred dollars;  on  each  estaldishment  of  stage  contractors  for  each  separate  mail 
route,  one  dollar  for  each  mile  o!  the  length  of  the  route;  on  each  esilablishment 
for  an  aeconunodalion  stage  or  hack  line,  fifty  dollars  ;  on  each  lawyer,  ten  dollars. 

And  eacli  person  or  company,  pursuing  any  occupation  mentioned  in  this  sec- 
tion, sh;-Jl  pay  an  income  tax  of  two  per  centum  on  the  gross  amount  of  receipts 
ffom  such  occupation. 

Skc.  10.  There  shall  be  assessed  and  collected,  annually,  the  following  tr.xca 
on  persons  pursuing  the  follnwing  respective  occupations:  On  a  keeper  of  an  hotel 
fifty  dollars;  on  a  keeper  of  a  restaurant  or  eating  house,  twenty  five-dollars;  on  a 
keeper  of  a  livery  stable,  lifty  dollars;  on  each  butcher,  ten  dollars:  on  each 
president,  director,  cond\ictor,  engineer,  secretary  or  clerk  ol"a  railroad  company, 
or  a  railroad,  twenty  doHars  ;  on  eaOh  doctor,  ten  dollars. 

And  each  pi'rson  or  c<impany.  p'U'siiing  any  occupation  mentioned  in  this  sec- 
tion, shall  pay  an  income  tax  of  one  per  centum  on  the  gross  amount  of  receipta 
from  such  occupation. 

8ko.  11.  Railroad  companies  sliall  pay  an  income  tax  of  one-fourth  of 
one  per  centum  on  the  gross  amoimt  ol  receipts,  I)}'  the  respective  companies. 

Skc.  V'i.  Tlie  occtipation  taxes  iiupo^^ed  l>y  sections  eight,  nine  and  ten,  shall 
be  collected  as  now  provided  l)y  law  ibrthe  collection  of  occupation  taxes. 

Skc.  13.  The  assos.'imcnl,  return'  and  collection  of  taxes  oa  oales,  other 
than  those  on  sales  of  li'[uor,  shall  be  subject  in  all  respects,  except  in  the  rates 
of  taxation,  to  the  provisions  of  this  net  for  enforcing  the  as.?es?ment  and  collec- 
tion of  llie  taxes  on  tiie  i^ales  of  liquor,  provided  that  permanent  residents  shall  be 
allowed  three  months  fur  iheir  respective  terms  of  as3cssraent,returu  and  collection. 

Sl*,c.  14.  Pergons  liable  for  innome  taxes  arising  from  o««»pati()»3  efcall 
report  and  pay  such  tax**!!,  every  three  mouths,  in  the  Uirtuiier  h*»iein 
ptovided  fur  reporting  and  payittg  iucome  taxes  on  sales;  and  Ikiliutjn  to  d"  so 
ehell  he  regarded  na  misdeineancrs,  subjecting  ofleudeis,  on  fcoavictiiu,  lo  fine 
or  iujprisouniciit,  in  the  dii^cretion  of^urioj  t:yias!  th^  oases. 

Sr.«;.  ir>.  All  taxHg,  fines,  valuations  an4  penaUiofl  of  bonds,  according  to 
the  general  terms  of  this  ret,  are  underjitooJ  to  be  iu  specie;  ami  all  payments 
of  liahilitiufi  under  this  act  shall  be  made  iu  specie,  or  ia  C«  inptvolUir'.-«  wtiir&nfcB, 
aulhoriziiig  payment*- by  the  Tieaburer,  '-r  in  coupons  of  Statu  bonds,  which 
papers  are  receiv'able  iu  commuiutiou  f<»r  the  specie,  at  par  iLerewiih. 

fciLC.  IG.    So  far  as  the  provieioue  of  any  existing  law  eh.ll  be  iac<'iupatible 


10 


witb  the  provisions  of  Uiis  act,  such  fcrmer  pmvisions  shall  have  no  future  foroe 
nor  effect ;  hut  existing  Uabilites  under  such  foiuier  piovisioue  are  cot  hereby 
affected. 

Skc.  17.    This  act  shall  beiu  force  from  its  paseago. 

Appioved,  Nov.  15th,  186-1. 


CHAPTER  Xri. 

An  Act  to  provide  more  effectvAilly  for  the  Sxinj^ort  and  Blainienance  of  the  Indi- 
gent Families  and  Dependents  of  Texas  Soldiers. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That 
600,000  yards  of  the  ploih,  aud  all  the  excess  of  thread  niatiufuctured  hy  the 
Slate  Peniteniiarj',  be,  and  the  sir.ie  are  hereby  appropiiated  annually  for 
the  support  and  maintenance  of  the  indigeiit  families  and  dependents  of 
Texas  soldiers.  That  said  cloth  and  thread  shall  b<>  distributed  to  the  seve- 
ral county  courts  of  this  State,  in  trust,  to  be  used  by  tlieni  in  the  purchase 
of  supplies,  for  supporting  and  maintaining  said  indigent  persons  in  the 
manner  hereinafter  provided,  and  in  clothing  them  in  cases  of  absolute  nea 
cesVilj'. 

Sec.  2.  That  the  Financial  Agent  of  the  PenitenLiary  shall,  without 
delay,  proceed  to  divide  the  State  into  six  districts,  each  to  be  composed  of 
such  contiguous  couutics  as  may  contain  an  aggregaie  approximation  as 
nearly  as  may  be  of  one- sixth  of  the*  indigent  persons  in  this  State,  who  are 
entitled  to  relief  under  tliis  law,  and  that  the  cloth  and  thread  due  each  county 
on  its  monthly  appropriaiion,  shall  be  set  aside  each  month  by  the  Financial 
Agent,  and  distributed  by  him  to  each  district,  in  rotation,  which,  the  Finan- 
ci.'il  Agent  thull  determine,  by  lot,  in  the  presence  of  a  majority  of  the  Direc- 
tors of  the  Peoiientiary ;  and  each  District  to  be  nuirsb'ered  as  drawn  from 
one  to  six.  It  shall  be  the  duty  of  the  Financial  Agent  to  make  known,  by 
printed  circulars  forwarded  to  the  Chief  Justices  of  the  several  counties,  the 
counties  composing  each  district,  and  the  month  in  which  each  district  is 
entitled  to  cloth  and  thread. 

Skc.  3.  The  Comptroller  shall  furnish  the  Financial  Agent  with  complete 
returns  of  the  indigent  persons  made  by  the  Chief  Justices  of  the  respective 
counties,  in  accordance  with  the  existing  law  in  such  case  made  and  provided, 
■which  shall  form  the  basis  of  disiribuiion  of  the  cloih  and  thread  among  the 
several  counties  of  this  State,  which  distiibution  shall  be  pronipily  made  by 
the  Fit;anciul  Agent,  upon  the  application  of  the  county  court  of  each  county, 
or  lis  authorized  agent,,  who  shall  receipt  for  the  same,  which  receipt  shall 
be  filed  by  ihe  Financial  Agent  in  the  settlement  of  hi.s  accounts  ;  such  di,s- 
tribution  shall  be  raade  to  each  county  in  a  proportional  quantity  of  thread 
and  of  each  kind  of  cloth  manufactured. 

Sec.  4.  It  S'hall  be  the  duty  of  the  county  court  of  the  respective 
counties  to  promptly  procure  from  the  Financial  Agent  of  the  Penitentiary, 
from  time  to  time,  the  quantitj'  and  quality  of  cloth  and  thread,  to  which 
their  county  is  entitled,  and  to  provide  transportation  for  tiie  same  to  their 
county  seat,  and  are  hereby  authorized  upon  the  rccejition  of  the  same  to 
dispose  of  it  in  a  manner  which  they  may  think  will  beat  subserve  the  pur- 
pose of  supplying  the  wants  of  the  indigent  families  and  dependents  of  Texas 
soldiers,  and  those  engaged  in  the  naval. or  mai-ine  service  of  the  State  or 
Confederate  government,"  and  they  are  further  authorized  to  make  sale  of  rho 
game  prior  to  its  reception,  by  sample,  or  otherwise  as  they  may  think  be.^t. 
Provided  the  provisions  of  this  act  to  distribute  cloth  to  the  counties  .shall 
apply  only  to  such  counties  as  shall,  within  ninety  days  aftev  the  passage  of 
this  act,  notify  the  Superintendent  of  the  Penitentiary  that  they  wish  to  re- 


11 

ceivc  Hic  same.  And  the  rcmtiinder  of  such  cloth  shall  be  sold  or  offt-rcd  for 
sale  to  the  Confederate  States,  and  the  proceeds  shall  be  disiibuied  to  the 
counties  which  liave  not  s-ignificd  their  willingness,  to  receive  clotli;  Provided, 
further,  that  iti  no  cascshall  the  cloth  be  sold  or  bartered  at  less  than  its 
market  value. 

Sec.  5.  That  in  addition  to  the  appropriation  hcrcinbcfDre  made  and 
Provided,  the  County  courts  of  this  State  are  herc^'y  authorized  and  em- 
powered, at  their  discretion,  if  \\\fy  should  deem  ii  advis.vbie,  to  levy  and  have 
collected  a  tax  on  all  propc  subjects  of  la.xalion  by  the  Slate  as  rendered  in 
Iheir  respective  counties,  and  including  license  tax  and  tax  on  merchandise, 
ns  shown  by  the  assessment  robs  on  file  in  their  respective  counties,  and  may 
include  the  assessment  for  18G4,  and  for  any  year  thereifier,  but  sliall  in  no 
case  exceed  the  Stnte  tax,  on  the  particular  subject  of  taxjiiion,  which  tax 
shall  be  collected  in  such  funds  as  the  county  court  may  deem  proper,  and  llie 
Assessor  aiul  Collector  shall  proceed  to  collect  the  same,  in  the  manner  pres- 
cribed fi.r  the  collection  of  oJlur  county  taxes;  Provided,  "however,  that  no 
property  belonging  to  a  soldier  in  the  active  military  service,  or  naval  or 
marine  service  of  the  Confederate  States,  shall  be  sold  for  taxes,  under  the 
provisions  of  this  act  during  his  eominuancc  in  said  service;  Pnivided,  fur- 
ther, that  nothiug  lurein  contained  shall  be  so  construed  as  lo  protect  from 
lax  sale  the  pro[,ierty  of  any  persons  at.  home  on  permanent  detail;  Provided, 
further,  that  the  tax  payers  shall  liave  tiie  privileire  of  paying  said  tax  iu 
such  articles  of  prime  necessity  as  the  county  court  shall,  from  time  lo  time, 
deem  necessary  for  tlie  support  and  mair.ienance  of  the  persons  provided  fox* 
iu  this  act.  The  pric^  at  whicii  said  articles  shall  be  received,  shall  be  de- 
termined by  said  court  every  tlirce  months  orntiener,  which  shall  be  at  a  fair 
market  value  in  the  funds  receivable  in  the  payment  of  the  tax. 

Skc.  f).  Xhe  county  court  shall  desigimte  tl)e  place  or  places  within  the 
county  where  tlic  articles  proposed  to  be  delivered  in  payment  of  the  tax, 
shall  be  received,  and  any  tax  payer  who  desires  to  pay  produce  or  otlier 
articles,  shall  deliver  the  same  as  required  by  the  county  court,  and  the  receipt 
of  any  member  of  tie  county  court,  or  its  authorised  agent,  to  whom  the 
articles  are  delivered,  siiall  be  received  by  the  Asse.-'sor  and  (^)l]ector,  in 
payment  of  the  tax,  ami  retv;nit.'d  by  liim  p.s  a  voucher  in  his  settloinent  with 
the  county  court.  The  Assessors  and  Collectors  of  the  county,  in  addition  to 
the  duties  prescribed  bylaw,  shall  do  and  perform  such  other  duties  as  may 
be  required  of  them  by  the  county' court* in  asses.-^ii'.g  and  collecting  the  tax 
authorized  tc  be  levied  by  ti.is  law,  and  shall  teceivefor  their  services  a  like 
compensation  as  for  assessing  and  collecting  any  other  county  tax;  and  In 
case  any  Assessor  and  Collector  fails  or  refuses  lo  perform  his  duty,  he  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fiiad 
not  less  t!iai\  one  hundred  nor  more  than  five  hundred  dollars,  at  the  di>i<.Tetion 
of  the.I\iry. 

Six.  7.  The  tax  to  be  levied  and  collected  under  the  provision-^  of  thi.s  act, 
shall  be  duo  ass-oon  as' the  same  is  levied,  and  the  Assessor  and  CoUcetor  shall 
proceed  innuediately  to  collect  tliesame  at  the  time  and  in  the  manner  prescribed 
by  the  county  cotu't ;  aiul  in  case  tliere  is  a  fuibire  of  the  tax  paver  to  pay  the 
gjiiuo  within  the  time  prescribed,  the  Assessor  and  Collector  shall  proceed  to  levy 
on  the  propcity  of  the  delinqnetit  and  proceed  to  s«dl  the  same  in  the  maruier 
prescriited  by  law  for  enforcing  the  collection  of  the  State  tax. 

Skc.  8.  It  shall  be  the  dtity  of  the  county  court  to  have  entries  madf>  in  a 
book  to  be  kept  (or  that  purpose,  a  fidl  and  minute  statement  of  all  the  cloth 
received  from  the  Peiiitcntiaty.  to  whom  the  same  has  been  sold,  at  what  price 
and  in  what  kiud  of  articles  payment  has  been  made,  and  the  .amount  of  vioth 
furnished  iu  kind  ;  also,  the  amount  of  tax  levied  under  this  law,  how  much  of 
the  same  ha'^  been  collected  in  money,  what  character  of  money,  and  how  nuich 
in  other  articles ;  also,  the  names  of  all  persons  to  whom  assistance  has  bccu 


12 

rendered  under  tlie  provisions  of  tins  act,  how  much  eacli  has  received,  and  in 
what  kind  of  articles,  and  the  date  at  \Yhich  such  assistance  was  rendered,  which 
book  sliall  be  open  at  all  times  for  the  inspection  of  any  person  who  may  desire 
to  examine  the  same. 

Sicfi.  9.  The  provisions  of  this  act  are  intended  to  more  cfivjctually  support 
and  maintain  the  indigent  families  and  dependents  of  Texas  soldiers,  who  are  ia 
the  army,  navy  or  marine  service  of  the  Confederate  States,  or  who  have  died  or 
been  disal^lcd  in  the  military,  naval  or  marine  service  of  the  Confederate  States, 
Of  who  are  in  the  military  service  of  the  State  of  Texas,  or  who  have  died  or  been 
disaljledxin  said  service.  Provided, 

Sec.  ]i).  No  member  of  the  county  court  shall,  cither  directly  or  indirectly, 
become  the  purchaser  of  any  portion  of  the  cloth  i)!aced  under  their  control  by 
vinue  of  this  act ;  end  if  any  memlicr  of  the  (iouuty  court,  or  any  other  person 
engaged  in  carrying  out  the  provisions  of  this  act,  shall  in  any  manner  appro- 
priate to  his  own  use  any  cloth,  money,  produce,  or  other  articles  that  comes 
into  his  possession,  for  safe  keeping  or  distribution,  or  otherwise,  he  shall  be 
deemed -guilty  of  embezzlement,  and  upon  conviction  be  punished  accordingly; 
Provided,  however,  that  nothing  in  tliis  act  shall  be  so  construed  as  to  prohibit 
the  counties  whicli  have  not  hereiofore  received  their  quota  of  cloth  under  reg- 
ulations, upon  the  sul)joc;t  of  distributing  cloth  for  soldiers'  families  from  receiv- 
ing their  proportion  with  other  counties  that  have  I'eceivod  cloth  from  the 
Penitentiary. 

Skc.  11.  That  an  act  entitled  an  act  antliorizing  the  county  courts  of  tha 
several  counties  in  this  State  to  levy  and  collect  a  special  t.ix  for  war  purposes 
on  all  property  subject  to  taxaiion  by  the  Siatc,  "  approve*!,  January  1st,  1862;" 
Also,  an  act  entitled  an  act  to  provide  assistance  for  families  and  other  depend- 
ents of  officers  and  soldiers,  approved  March  Gth,  18(53,  be,  and  the  same  are 
hereby  repealed,  and  this  Act  take  etfect  from  and  after  its  passage^- 

Approved,  Nov.   15th,   18G-1. 


CHAPTER  XIII. 

An  Act  to  amend  the  fourth  scciicn  of  an  Act,  entitled  an  Act  to  provide 
more  effcctuixlly  for  the  support  and  maintenance  of  the  Tndigvnt  Families 
and  dcpeudp.rits  of  Texas  Soldiers,  passed  at  the  present  seasiori,  of  the  Leg' 
islature,  and  supplcmcntarij  to  said  Act. 

Sf.c.  1.  Be  it  enacted  iy  the  Legislature  of  the  State  of  T::xas,  That  thn  fourth 
section  of  the  above  rt-cited  set  shull  herefiltcr  read  as  fnllows:  Shc.  4.  It  sh^dl 
be  tJioduty  of  the  county  court  of  the  rcf^pective  counties  to  promptly  procure 
from  the  FinaneiHl  Agent  of  the  Penitentiary,  from  rime  to  time,  'the  quantity 
end  qimlity  of  cUith  find  thread  to  which  their  county  ii»  I'ntilled.  and  to  piovide 
trans(i<>rt*tion  for  the  same  to  their  county  seat,  and  are  h*^r«by  »uthoriz-d, 
upon  the  n>oeption  of  the  same,  to  dispose  ofit  in  a  manner  which. they  may  think 
will  be«-t  subserve  the  purpose  of  supplying  the  wants  of  the  indigent  families 
aad  depv*n  iente  of  Texas  soldiers,  and  those  engsgf^d  in  the  nav,.!  o  ■  aiariue 
service  of  the  Stute  or  Confederate  governments,  and  they  «re  further  author 
izttd  to  ninke  sale  of  the  same  prior  to  ita  recription  by  faaip'e  or  otherwise,  as 
they  uirty  tldok  be.-t;  Provided  the  provisionw  of  this  act  to  distribute  ch>t'i  to 
the  couuiies  shall  apply  only  to  nuch  counties  as  ebal!,  wifhin  ninety  days  after 
the  p£.*u*[ge  of  this  net,  notify  the  Financial  Ag^^ntof  the  Penitentiary  thht  they 
wit-h  U^  receive  ihe  sauie.  And  si>ouhl  any  countv  fail  to  notify  the  Financial 
Agent,  of  the  iut'Otion  of  said  county  to  receive  said  cloth  snd  thread  within  the 
time  prcruiriiii'd  in  ihix  act.  tlien  it  shall  be  the  duty  of  the  F^uanciai  Agent  of 
the  Penilentiar}  to  af.'r  the  same  to  the  Confederate  Govcrainent  at  jts  fair 
market  value  in  Stite  treasury  wari-ant*,  or  Confederate  money  at  its  market 
value.    And  should  the  said  Confederate  govtrument  fail  to  purchase  the  6aui«» 


13 

it  is  hereby  macle  the  dnhy  of  the  Financial  Aacnf  to  pell  said  cloth 
and  thread  to  the  highest  bi'lier  at  public  nuction,  in  the  town  of  Kunts- 
Ti!l*>,  fur  State  treasury  warrants,  or  Confedenito  money,  at  its  market  value, 
after  frivinn  at  iea>=t  forty  days  notice  in  some  nvwrpaper  published  in  t!ie  State, 
and  when  said  cloth  has  been  ?old,  the  proceeds  ^hdl  be  disC'ibuted  tn  the  coun- 
ties which  have  ni)t  signified  their  willingness  to  receive  cloth  and  the  receipts 
of  the  Chief  Justice  shall  be  a  voucher  to  the  Financial  Ageut  in  his  aettleiuent 
with  the  Comptroller. 

Sec.  2.  That  the  act  to  which  this  is  supplementary  and  amendatory  shall 
be  so  construed  as  to  allow  the  county  courts  to  l.-vy  aiid  hixve  collected  a  tax 
upon  ali  proper  sul'j'-cts  ot  taxatidD,  as  rendertnl  within  tlieir  respective  ci.un- 
tioF,  a  tax  ni>t  to  exceed  in  auioniit  the  State  tax  upon  the  parlicuUr  suiject 
of  taxation,  which  ta::  may  be  collected  ii\  specie,  State  treasury  wariau'e  or 
Confederate  treasury  notes,  at  their  market  value,  as  the  county  courts  \n  their 
discretion  may  direct. 

Sec.  3.     This  act  to    take  eQ'oct  from  and  after    its  passage. 

Approved  Not.  15th,  1SG4. 


CHAPTER  XIV. 

Ap  Act  to  repeal  an  Act  and  part  of  an  Act  therein  named. 

SkctION  1.  Be  it  eiKic'cd  hij  the  Legislature  of  the  Sfa'c  of  Tcxag,  That  an 
act  entitled  an  act  to  amend  the  third  anil  fdurth  sections  of  an  act  to  provi^le 
neceosary  assistance  for  faiuilies,  and  other  dependent*  of  ofTicers  and  soldiers, 
approved  March  (5tli,  18()3,  approve'  December  KUh,  lf(')3  and  so  much  of"  an 
act  entitled  an  act  to  provide  tor  the  support  of  farniiiep  and  dependents  of 
Texas  soldiers,  approved  December  loth.  1863.  a-  pruvidee  for  the  appropriation 
of  one  million  of  dollars  per  annum  for  the  support  and  ma'ntetiance  of  the  fami- 
lies, witTows  and  dependents  of  certain  officers  and  stddiers  of  Texas,  be  nnd  th« 
game  are  hereDy  repealed.  But  this  act  shall  not  be  so  constrtied  ss  to  interfere! 
with  the  pemi-n;mual  distribution  of  said  fund,  which  st.ould  have  been  made 
under  the  provisions  of  the  fourth  section  of  the  last  named  act  on  the  first  cf 
September,  l'~04. 

Sf.c.  0.    This  r.ct  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  Nov.  15th,  1864. 


CHAPTER  XV. 

An  ^ict  concerninu  the  distribution  of  cloth  from,  the,  Pemtenfiary. 

WitKHKAS,  Under  rr»gulation8  heretofore  adopted  by  the  Financial  Agent  of  the 
Pon't'-ntiary.  cloth  ^as  been  di.«itributed  to  a  portion  of  the  eounlies  in  this 
State  at  rates  then  fixed,  and,  Whereas,  aomo  of  the  counties  have  not  re- 
ceived their  quota  under  said  regulations. 

Section  I.  Be  it  enacted  by  the  Lcjislnturn  of  the  Slate  of  Texas,  That  it 
shall  be  the  duty  of  the  Financial  Agent  of  the  Penitentiary  to  set  apart  ar;d  dis- 
tnbti'e  to  the  Reveral  counties  in  this  State  their  equal  proportion  of  cloth  with 
countiv^'  that  have  receivt  d  cloth  at  the  hnmc  price  and  upon  ^le  ranie  teinis 
which  it  wa*!  furnished  to  other  counliefi  under  the  last  regulation,  and  it  nhall  bo 
his  duty  to  notify  the  ppvcral  Chief  .lueticcs  nf  the  counties  entitled  to  clolh,  wh'  n 
It  is  ready  for  delivery,  provided,  however,  that  the  distribution  in  this  act  ^!i«ll 
not  in  erfere  with  the  distribution  under  an  act  entitled  an  act  to  provide  nioro 
efr.?ctualiy  for  the  s'lpport  and  maintenance  of  the  indigent  families  and  depend- 
ents of  TexiP  sold'crs.  but  the  Biiid  distribution  shall  be  ma  ^.'  out  of  the  first 
cloth  on  lyuid  after  the  several  connties  are  furnished  under  the  said  act  referred 
to,  and,  further,  proyided  that  to  authorize  any  county  to  receive  clvth  under  thi» 


14 

act  it  shall  be  nect'ssary  for  the  Chief  Justice  of  the  county  to  notify  thA  Finan- 
cial Agent  of  die  Pe:iiteDtiary  within  ninety  days  from  the  pa.ss:i,c;e  of  this  act  of 
his  intt^iition  to  take  the  clotii,  otherwise  the  said  C'luuty  sliai)  nut  be  entitled  to 
the  benefits  of  this  act;  and  this  act  shall  take  elfect  and  be  in  force  from  and 
after  its  passaije. 
Approved,  Nov.  i5th,  1564. 


CHAPTER  XVI. 

An  Act  to   authorize  Railroad  Compariies  to  dtscharr/c  their  indublcdncss  to  the 
special  school  fund  with  the  treasury  loarranis  and  bonds  and  coupons  of  ihc  State. 

Be  it  enacted  It/  the  Lenishnurc  of  the  State  of  Tczns,  That  the 
rallro.^d  companies  of  this  State,  tliat  are  indebted  to  tiio  Special  School  Fund, 
Fhali  continue  to  be  allowed  the  privileiie  of  paying  th^  interest  doe  said  Fund  in 
the  Trea*>ury  warrants  and  Bonds  and  Coupons  of  the  State;  and  may  also  (Re- 
charge the  wh(de  or  any  part  of  the  principal  of  their  indebtedness, 
to  that  fund,  (in  the  same  inawner,)  provided  such  railroad  companies  shall? 
satisfy  the  Comptroller  that  the  treanury  warrantu  and  bonds  and  coupons  of  the 
StatH  are  received  by  th<'ni  at  par  wirh  Specie  for  freight  and  passengei'  travel. 

Tha'.  all  treasury  warrants  and  bonds  and  coupons  of  the  State,  so  received 
into  the  State  trea.=  ury,  shall  be  cancelled;  and  the  Qmiiptroller  shall  issue 
the  bonds  of  the  State,  bearing  six  per  cent  interest,  to  the  Special  School 
Fund  /or  the  amounts  so  paid  in  ;  and  this  act  take  effect  from  its  passage. 

Approved,  Nov.  loth,  1SG4. 


CHArTER  XYII 

An  Act  tc  authorize  the  use  of  the  Texas  rcnilentiary  for  the  confinement  of  convicts 
from  the  States  of  Loidsiona,  Arkansas  and  Alissouri. 

Section.  1.  Be  it  enacted  hy  the  Lemslature  of  the  SlxUe  of  Texas,  Th&i  any 
person  who  l5as  heretofore  been  convicted,  or  whn  may  hereafter  be  convictiid 
by  any  competent  court  ol  either  of  the  States  of  Louisiana,  Arkansas  or  Mis-* 
souri.  to  hard  labor  in  thf  Penitentiary  of  such  Staite,  may  be  received  into  'the 
Penitentiary  of  the  State  of  Tpxas.  and  sulijiictetl  to  the  rules,  reaula lions  and 
discipline  of  that  institution  with  reference  to  the  convicts  of  this  State;  and 
remain  there  until  the  time  for  which  such  person  is  convicted  expires,  or  until 
recalled  by  the  respective  States  whence  Buch  person  is  sent. 

Sec.  2  A  certified  copy  of  the  judgment  of  the  conrt  convicting  such  person 
to  hard  labor  in  thH  Penitentiary,  or  a  certificate  under  the  seal  of  the  State  in 
which  su-'h  conviction  is  had.  that  such  person  has  been  so  convicted,  stating  the 
term  for  which  sentenced,  shall  be  sufficient  evidence  to  authorize  the  Superin% 
tendentof  the  Penitentiary  to  receive  all  snch  persons,  provided  no  more  per- 
sons shall  be  received  under  this  act  than  the  capacity  of  the  Institution  will 
justify. 

Sr:c.  ?>.  The  transportation  of  par.^ons  sent  to  the  Penitentiary  under  this 
act  shall,  in  no  event,  be  a  charge  upon  the  State  or  the  Penitentiary;  neither 
shall  the  amount  of  money  authorized  to  be  paid  to  the  C'>nvicts  of  this  State, 
at  the  expiration  of  their  terms  of  conviction,  be  paid  to  convicts  autho.ized  to 
bo  received  under  this  act. 

Sec.  4.  That  this  act  take  effect  from  its  passage,  and  that  the  Governor 
cause  certified  copies  to  be  forwarded  immediately  to  the  Governors  of  said 
States. 

Approved  Nov.  Ijih,  1SG4. 


15 

CHAPTER  XVITI. 

An  Act  to  provkU  for  the  pvMication  of  the  Si/noj^sis  of  the  decisions  of  the 
Supreme  Court. 

Section  1.  7?.;  it  enacted  bi/  the  h-nUlatnrc  of  the  Slate  of  Tcxa-'^,  That 
the  synopsis  of  tlie  Hetisions  of  tlie  Siipremo  Court  which  have  been  ren- 
dered since  the  publication  of  the  last  volume  of  repi>rt.s  be  publislied  in 
painpliiet  fortn  umler  tlie  direction  and  vsapervi^ion  of  the  reporter  of  said 
court;  that  tlfreo  hundred  copies  of  said  work  shall  be  printed  untl  a  ropy 
shall  bo  furnished  to  e:icb  ffficcr  and  court  entitled  to  cojiies  of  the  reports 
of  the  Supreme  Court. 

Skc.  2.  That  the  reporter  shall  receive  such  compensation  as  the 
JudfjGS  of  the  Supreme  Court  shall  adjudtre  a  proper  remuneration,  and 
upon  their  certifioito  the  Comptroller  vsha;!  deliver  ro  the  reporter  a  war- 
rant upon  the  treasury  for  the  amount  to  be  paid  out  of  the  contingent 
funi^'  of  the  Supreme  Court. 

Skc.  o.  That  thi.s  act  take  cfTcct  hud  be  in  force  from  and  afier  its  passage. 

Ap;;roved,  Nov.  15cli,  1804. 

CIIArTEll  XIX. 

All  A'.t  to  iJrot-tct  persons  in  the  right  to  consult  connsdin  certain  cases. 

SECTION  1.  Pe  it  cihicted  hfthe  Lcf)islature  of  the  State  of  Texas.  That 
if  any  civil  or  military  officer,  or  any  person  whomsoever,  havivig  any  per- 
son in  his  or  their  custody,  shall  wilfully  prevent  said  person  in  cu.stod\\ 
a.s  aforesaid,  from  con.-i^iitina:  with  or  coninuinicating  with  counsel,  and 
thereby  prevent  saiil  p'.-r^on  from  obtaining-  the  advice  or  services  of  coivn- 
8ol  to  prosecute  his  ieiral  r!,a;hts.  such  otKcer  or  person  so  offending  shall  be 
decmeil  nuilr.y  of  a  misdemeanor,  and  on  conric'iun  siiall  be  punished  by 
conlinement  in  the  county  jail  not  less  than  sixty  days  nor  nxue  than  si.K 
months,  and  by  line  not  to  exceed  one  thousand  dollars  for  each  and  every 
offense. 

Snc.  2.     This  act  to  take  cITect  from  its  passage. 

Approved,  Nov.  15th,  18C4, 


CHAPTER  XX. 

An  .4ct  T^^aking  anapproprintion  for  the  enclosure  of  the  State  Cemetery, 

Section  1.  Be  it  enacted  hj/  the  Lcgislatvre  of  the  State  of  Tcra.^.  That 
the  sum  of  Ten  Thousand  dollars,  or  so  much  thereof  as  may  be  necessary, 
le,  and  the  same  is  hereby  appropriated,  out  of  any  money  in  the  Treasury 
not  otherwise  appropriated  for  the  enclo-<uro  of  the  State  Ceuictcry. 

Sec.  2.  That  the  Governor  be  authorised  to  carry  this  act  into  effect, 
and  that  this  act  tf>kc  effect  from  and  after  its  passage. 

Approved  Nov.  15th,  1S64. 

CHAPTER  XXI. 

An  Act  to  amend  an  Act  entitled   an   Act  to  organize  the  I7th  Jmlicial  Dis- 
trict, and  to  prescribe  the  time  for  holding  courts  therein. 
Section  1.     Be  it    enacted  by  the  Legislature  of  the  Slate  of  TexaSy  That 


18 

tlie  17 (b  Judicial  District  shall  hereafter  be  composed  of  the  counties  of 
Burnc't,  Llano,  Mason,  Menari,  McOulloch,  Sau  JSaba,  Brown,  Lampasas 
and  Williamson,  and  tlie  Dist.ict  Court  shall  be  held  twice  in  each  year  in 
each  of  said  counties,  as  follows:  In  the  countj  of  Burnet  on  the  1st 
Mondux's  in  March  and  S-opteiuber,  and  may  continue  in  session  one  week  ; 
in  the  county  of  Llano  on  the  1st  Monday  iifter  the  1-t  Mondays  in  ]\Iarch 
and  September,  and  may  continue  in  session  one  week  ;  in  the  county  of 
Mason  on  the  2d  IMonday  after  the  1st  jMondays  in  IMarch  and  S'-ptember, 
and  may  continue  in  session  one  week  ;  in  tlie  county  of  Menard  on  tlio 
3d  Monday  after  the  1st  Mondays  in  March  and  'eptember,  and  may  con- 
tinue in  sedsion  one  week  ;  in  tlie  county  of  McCulloch  on  the  4th  Monday 
after  the  1st  Mondays  in  March  and  September,  and  may  continue  in  ses- 
sion one  T\*eek ;  in  the  county  of  San  Saba  on  tlie  5th  Monday  after  tho 
1st  Mondays  in  March  and  September,  and  may  continue  in  session  one 
week ;  in  the  county  of  Brown  on  the  6th  JMonday  after  the  1st  jMondays 
in  March  and  September,  and  may  continue  in  session  one  week;  in  tho 
county  of  Lampasas  on  the  7th  jNIonday  after  the  1st  Monday  in  March 
and  September,  and  may  continue  in  session  one  week  ;  in  the  county  of 
'Wiiliam.son  on  the  8th  Monday  after  the  1st  Mondays  in  March  and  Sep- 
tember, and  may  continue  in  session  until  the  business  is  disposed  of. 

Skc.  2.  That  all  writs  and  other  process  issued  from  the  District 
Court  of  any  of  the  counties  named  in  this  act  shall  be  made  returnable  to 
the  terms  of  said  court  established  by  this  act. 

Skc.  3.     That  this   act  take  eli'cct  from  its  passage. 

App:-oved  Nov.  15th,  1861. 


CHAPTER  XXIL 

An  Ad  to  regulate  the  Salary  of  the  Private  Secretary   to  the  Goternor^  and 
making  an  ajijiropriation  tkerefur. 

Section  1.  Be  it  enacted  by  the  Leg islatiire  of  the  State  of  Texas ^  That 
the  sahirj"-  of  the  Private  Secretary  to  the  Governor,  for  the  years  1864 
and  18G5,  shall  be  at  the  rate  of  the  Chief  Clerks  of  Departments. 

Skc.  2.  That  the  sum  of  four  hundred  dollars,  in  addition  to  the 
amount  heretofore  appropriated,  be,  and  is  hereby  appropriated  to  carry 
this  act  itito  effect. 

Sec.  3.     This  act  to  take  effect  from  its  passage. 

Approved,  No".  15th,  18G1. 


CHAPTER  XXIIL 

An  Act  siiyppleTficntary  to  an  Act,  entitled  an  Act  making  an  approjjriaiio?),  to 
defray  the  expenses  of  defending  the  Frontier  for  the  years  18o4  and  18G5,  in 
pursuance  of  ths  provision  of  om  Act  to  provide  for  the  vrulection  of  i/t6 
Frontier,  o,nd  turning  over  the  Frontier  Regiment  to  the  Confederate  Stojtee 
service,  approved  Deo.  15th,  18G3. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  the  State  of  Texas,  That 
the  sum  of  one  million  of  dollars  in  Confederate  States  Treasury  Notes  be, 
and  tl'c  same  is  hereby  appropriated,  to  be  expended  m  defraying  the  ex- 
penses of  the  frontier,  for  the  years  1861  and  1865,  in  addition  to  the  suia 
aopropriatcd  hj  the  act  to  which  this  is  ffftpplementary. 

Sec.  2.     That  this  act  take  effect  froui  its  passage. 

Approved,  Nov.  15th.  1801.  ' 


n 

CHAPTER  XXIV. 

A71  Act  supplementary  to  an  Act  entitled  an  Act  to  regulate  proceedings  in  the 
County  Courts^  pertaining  to  estates  of  deceased  persons^  approved  March 
20th,  1848. 

Section  1.  Be  it  enacledhy  the  Legislature  of  (hi  State  of  Texas,  That 
■when  the  Executor  or  Administrator  of  any  estate,  the  property  of  which 
will  escliCiit,  for  want  of  heirs,  to  the  State  of  Texas,  under  the  laws 
thereof  sliall  have  paid  all  th^^  legal  debt.*  due  and  owing  by  said  estates, 
the  Cliief  Justice  of  the  county  in  which  such  aduiinistration,  or  execu- 
torship exists,  shall  order  such  Administrator  or  Executor  to  proceed  to 
sell  all  tlie  property  of  such  estate,  on  a  credit  of  twelve  moiitlis,  taking 
therefor  tiie  promisory  notes  of  the  pur.;hascrs.  with  pood  and  suflicicnt 
personal  security,  with  a  mortgage  on  all  land  and  slaves  purchased,  and 
report  the  sale  to  the  County  Court  as  other  sales  of  the  property  of  de- 
ceased persons  are  n(>w  required  to  be  reported;  upon  such  report  of  sale 
being  made  the  County  Court  shall  make  a  decree  closing  tlic  administra- 
tion of  the  estate,  as  in  ordinary  case^,  and  order  the  assets  of  the  estates 
to  be  paid  over  forthwith  to  the  Treasurer  of  this  State,  and  the  State  of 
Texas  shall  have  power  to  proceed  to  collect  the  same,  according  to  the 
tenor  of  the  obligation  sued  on,  in  gold  or  silver,  and  that  only,  as  any 
other  creditor  nnder  the  laws  of  tliis  State,  and  in  all  cases  where  the  Exe- 
cutor or  Administrator  has  heretofore  sold  the  piopeity  of  a.iy  such  estate, 
and  paid  all  the  debts  of  the  same,  the  foregoing  provision  as  to  assets, 
after  sale,  shall  apply. 

Skc.  2.     That  this  act  shall  be  in  force  from  and  after  its  passage. 

Approved,  Nov.  15th,  18G4. 


CHAPTER  XXV. 

An  Act  to  make  fnrtlier  appropriations  for  the  support  and  maintenance  of  the 
State  Government  for  the  years  1864  and  1865. 

Sr.cTioN  1.  Be  it  cnnctvdhy  the  Legislature  of  the  State  of  Texn<;,  That 
the  following  sums  are  hereby  appropriated  to  further  provide  for  the  sup- 
port of  the  State  Government,  for  the  years  1804  and  1805  :  To  pay  the 
contingent  expenses  of  the  Supreine  Court,  §20,000.  To  pay  for  purchas- 
ing firewood,  lighting  material,  stationery,  and  for  fitting  up  the  capitol 
for  the  next  Legislature,  for  repairing  and  taking  care  of  the  furniturtf,  and 
for  taking  care  of  the  capitol  square  and  building,  JSt^.O^O-  For  paying 
extra  clerk  service  in  Troa.su rer's  office,  §1.200.  For  purchasing  stationery 
for  A.ssessors  and  Collectors  and  Chief  .Justices  by  the  Comptroller,  §5,000. 

Skc.  2.     This  act   to  take  effect  from  and  after  its  passage. 

Approved,  Nov.  15th,  1804. 


CHAPTER  XXVI. 

An  Act  to  extend  the  time  for  the  redemption  of  la/nd  sold,  or  to  he  hereafter  sold 

for  taxes. 

Section  1.  Be  it  enacted hy  flic  Lrgishtfure  of  the  Sfofe  of  Texas,   That  in  al^ 
cases  where  land  has  been  sold  for  taxes,  or  may  hereafter  be  sold  for  taxes 


18 

in  tliis  State,  and  purchased  by  individuals  or  by  the  State,  the  owner  or 
owners  thereof  shall  be  allowed  until  two  years  after  the  ratification  of  a 
treaty  of  peace  between  the  United  States  and  the  Confederate  States  of 
America  to  redeem  the  same,  upon  the  payment  to  the  purchaser  thereof  or 
the  State,  as  the  case  may  be,  of  double  the  amount  of  the  purchase  money 
and  costs  of  sale;  Provided,  however,  that  this  act  shall  only  apply  to 
cases  where  the  owner  or  owners  of  the  land  sold  or  to  be  sold  were  or 
may  be  in  the  military,  naval  or  marine  service  of  the  Confederate  States, 
or  of  the  State  of  Texas,  at  the  time  of  making  said  sale,  and,  Provided 
further,  that  no  deserter  (except  such  as  may  have  been  pardoned,  and 
restored  by  order  of  competent  authority)  from  the  military  service  of  the 
Confederate  States,  or  of  the  State  of  Texas,  shall  be  entitled  to  tho  pro- 
visions of  this  act. 

Sec.  ii.  That  all  laws  and  parts  of  laws  in  conflict  with  this  act  be, 
and  the  same  are  hereby  repealed,  and  that  this  act  take  efiect  and  be  in 
force  fr()ni  and  after  its  passage. 

Approved,  Nov.  15th,  1864. 


CHAPTER  XXVII. 

An  Act  to  establish  the  salary  of  the  Chief  Clerk  of  the  Treasurer'' s  office. 

Section.  1.  Be  it  enacted  hy  the  Legislature  of  the  State  of  Texas,  Tbat 
from  and  after  the  passage  of  this  act  the  Chief  Clerk  of  the  Trea  ure  's 
office  shall  be  entitled  to  and  receive  the  same  salary  as  the  Chief  Clerks 
©f  the  other  departments,  and  that  the  sum  of  four  hundred  dollars,  or  ^o 
much  thereof  as  is  necessary,  in  addition  to  the  sum  already  appropriated 
for  the  payment  of  his  salary,  be  appropriated  to  carry  out  the  purpose  of 
this  act. 

Sec.  2.    That  this  act  take  effect  and  be  of  force  from  its  passage. 

Approved,  Nov.  15tb,  1864. 

CHAPTER  XXVIII. 

An  Act  to  authorize  the  Treasurer  of  the  State  to  employ  some  competent  person 
to  sign  his  name  in  certain  cases,  and  making  an  appropriation  therefor. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  the  State  of  Texas,  Tbat 
the  .Treasurer  of  the  State  be,  and  he  is  hereby  authorized,  whenever  the 
business  of  his  office  demands  it,  to  employ  some  suitable  person  to  sign  his 
name  on  tho  Treasury  Warrants  hereafter  to  be  issued  by  the  Comptroller, 
which  said  signing  shall  be  under  the  direction  and  supervision  of  the 
Treasurer. 

Sec.  2.  Before  the  person  thus  employed  shall  enter  upon  the  dis- 
charge of  said  duty,  he  shall  take  the  oath  prescribed  by  the  constitution, 
which  said  oath  shall  be  attested  and  filed  with  the  Comptroller  of  public 
accounts. 

Sec  3.  That  the  sum  of  twelve  hundred  dollars,  or  so  much  thereof 
as  may  be  necessary,  be,  and  the  same  is  hereby  appropriated,  to  pay  for 
the  services  of  the  person  who  may  be  employed  under  the  first  section  of 
this  act. 

Sec  4.    That  this  act  take  effect  and  be  ot  force  from  its  passage. 

Approved,  Nov.  15th,  1864. 


19 
CHAPTER  XXIX. 

An  Act  making  an  appropriation  to  re-cover  or  repair  the  roof  07i  the  old  Land 
Office. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  the  State  of  lexas,  That 
the  Slim  of  eight  thousand  dollars  in  State  Treasury  Warrants,  or  so  much 
thereof  as  maj'  be  necessary,  be,  a)td  the  same  is  hereby  appropriated  for 
the  purpose  of  re-covering  or  repairing  the  roof  on  the  old  Land  OlBce — 
the  work  to  be  performed  under  the  direction  of  the  Board  of  Commission- 
ers of  Public  Grounds  and  Buildings. 

Sec.  2.     That  this  act  take  effect  from  its  passage. 

Approved,  Nov.  15th,  1804. 


CHAPTER  XXX. 

An  Act  making  an  appropriation  of  ten  thomand  dollars,  or  so  much  fhfrcof  as 
may  be  necessary  to  re-cover  and  repair  the  Executive  Mansion,  in  the  city  of 
Ari-stin,  and  the  fences  around  the  same. 

Sf.ction  1.  Be  it  enacted  hy  the  Legislature  of  the  State  of  Terns,  That 
the  sum  often  thousand  dollars,  or  so  much  thereof  as  may  be  necessary, 
is  hereby  appropriated  to  re-cover  and  repair  the  Executive  Mansion,  with 
the  out-buildings,  and  the  fences  around  the  same,  and  that  it  shall  be  the 
duty  of  the  Board  of  Public  Works  to  have  the  work  done  as  early  as 
possible. 

Skc.  2.     This  act  take  effect  from  its  passage. 

Approved,  Nov.  15tb,  186-1. 


JOINT  RESOLUTIONS. 


CHAPTER  I. 

JOINT  RESOLUTIONS  Concerning  Peace,  Reconstruction  a7id  Independence. 

Wherkas,  Among  the  political  parties  in  the  Uuited  States  the  question  of 
a  re-union  of  those  States  witli  these  of  tlio  CoHfederacy  is  being  agitated,  and 
in  order  to  promote  such  re-union  it  is  urged  that  delegates  be  chosen  from  each 
of  the  States  in  the  Confederacy,  and  in  the  Union,  to  meet  in  convention  to 
reform  the  Constitution  of  the  United  States,  which  pioposition  is  cou|)led  with 
the  5?(rt5?:  pledge,  that  such  amendments  shall  be  made  to' that  constitution  as 
will  Ibrt'ver  guarantee  tlie  institution  of  African  Slavery  in  the  States  in  this 
Confederacy;  and,  Vl'lftTeas',  it  is  possible  that  the  political  party  in  the  United 
States  advocating  that  proposition  may  prevail  at  the  approaching  election  ia 
choosing  the  Executive  of  that  Goveriiuieut,  and  that  consequently  the  forego- 
ing proposition  may  be  attempted  to  be  made  to  the  States  of  t!ie  Confederacy ; 
now  we  of  the  State  of  Texas,  believing  that  it  is  proper  to  meet  such  proposition 
in  advance,  have  resolved  as  follows  : 

Rksolvkd  1.  Be  it  resolved  b;i  the  Legislature  of  the  State  of  Texas,  That 
neither  the  above  proposition  nor  any  other  can  be  riiade  to  the  people  of  this 
State,  by  the  United  States  or  any  otiier  foreign  people,  the  Government  of  the 
Confederate  States  being  the  only  organ  of  the  States  in  the  Confederacy  for  the 
transaction  of  business  witli  foreign  nations,  and  such  proposition,  if  made  at  all, 
must  be  made  to  the  Government  of  the  Confederate  States,  and  if  made  to  the 
Government  of  this  State,  will  not  be  entertained. 

Kesolution  2.  That  we  recognize  in  that  proposition  no  good  faith,  but 
merely  an  insidious  policy  to  "  divide  and  conquer,"  a  policy  through  which  it 
is  hoped  to  detach  some  of  the  States  from  the  Confederacy,  thereby  to  weaken 
and  demoralize  the  rest.  To  accomplish  tliis  an  appeal  is  made  to  our  love  of 
property  wliich  as  it  is  the  all  prevailing  motive  to  the  action  of  the  people  of  the 
North,  they  supposed  would  control  our  conduct. 

Eksolction  8.  That  it  will  be  well  for  the  people  of  the  North  to  under- 
stand, even  at  this  late  day,  that  the  Southern  States  did  not  secede  from  the 
Union  upon  any  question  such  as  the  mere  preservation  of  the  slave  property  of 
their  citizens.  But,  that  being  free  and  sovereign  States,  they  were  resolved  to 
preserve  their  freedom  and  their  sovereignty.  They  were  free  to  govern  them- 
selves as  they,  and  not  as  otiiers  saw  fit.  They  were  free  to  change  their 
government,  to  erect  a  new  one,  and  to  make  whatever  alliances  they  shoidd 
choose.  And  after  nearly  four  yearsot  arduous  war,  these  States  are  still  un- 
wavering in  their  resolution  to  preserve  their  freedom  and  their  sovereignty, 
without  which  all  else  is  valueless. 

Rksolution  4.  That,  could  the  present  war  and  all  its  horrors  be  blotted 
out  of  our  memories,  our  past  experience,  while  in  the  Union,  would  warn  us 
from  any  re-union  with  the  people  of  the  North.     A  written  constitution  adopied 


21 

by  our  ancestors  and  theirs,  which  contained,  plainly  worded  guarantees  of  the 
rights  of  all;  was  by  them  and  their  sworn  representatives  ddibcratoly  and  per- 
sistently violated  to  our  injnrj',  and  finally,  after  years  of  discussion,  when 
the  qufsilou  was  undersiandingly  before  the  people  at  large,  they  elected  a 
Cliief  Magistrate  wi'h  the  purpose  that  lie  should  destroy  our  liberties  in 
disregard  of  the  Constitution  which  he  had  sworn  to  support;  thus  exliibit- 
ing  Ml  instance  of  radical  and  wide  spread  natiimal  depravity,  to  the  honor 
of  liumaii  nature,  never  exhibited  in  the  world  bi  fore. 

Rk.solutiox  5.  Hut  we  could  not,  if  we  would,  banish  from  our  memories 
the  iiihuniauities  of  this  war.  Our  enemies  have  repudiated  every  principle 
of  civilized  warfare.  Tiiey  have  withdrawn  their  felons  from  jails  and 
I'cnilentiaries,  have  recruited  from  tlie  scum  of  Europe,  and  armed  our  own 
elavcs,  in  order  to  procure  an  army  sufliciently  atrocious  tor  their  purpose; 
and  this  army  has  been  launched  upon  us  with  the  delared  object  of  our 
extermination.  Poisoned  weapons  have  been  manufactured  and  used;  ex- 
change of  prisoners  has  b'een  refused  until  the  success  of  our  arms  extorted 
a  cartel,  and  the  terms  of  this  have  been  violated  by  (iiem  whenever  the 
varying  fortune  of  the  field  made  it  apparently  advantageous  to  do  so.  Our 
countrymen  when  captured  have  been  removeU  to  rigorous  climes,  and  sub' 
jecled  to  every  hardship,  that  thus  they  might  be  destroyed.  Non-combatants 
have  been  murdered.  Indiscriminate  onslaught  has  been  made  upon  totter- 
ing age  and  lender  youth.  Our  chaste  and  defenceless  women  have  been 
subjected  to  outrage  worse  than  death.  Peaceful  villages  have  been  bom- 
barded,  and  happy  homes  plundered  and  burnt.  Whole  populations  have 
been  removed  and  bondagod  to  Northern  mastirs.  Desolation  has  marched 
with  their  armies.  Religious  siii-vices  have  t)een  prohibited;  ministers  of  the 
gospel  of  peace  have  been  incafcerated  and  silenced,  and  sacrilegious  hands 
have  been  laid  upon  our  sacred  altars.  Lying  to  themselves,  and  pretend- 
ing to  tlie  rest  of  the  world  that  they  are  fighting  ilie  battles  of  freedom  for 
fourmillions  of  happy  and  contented  negroes,  they  are  attempting  the  en- 
slavement of  eight  millions  of  freemen.  With  devilish  mockery  of  philan- 
thropy, they  have  deluded  and  dragged  these  negroes  from  tlieir  comfortable 
homes  to  use  them  as  screens  from  our  weapons  in  the  day  of  battle,  and 
they  have  sent  them  by  thousands  to  paiui'ul  deaths  by  neglect,  exposure 
and  starvation.  Words  cannot  express  the  ma!if;nily  in  their  hearts  or  the 
atrocity  of  their  deeds,  exceeding,  as  they  do,  all  iluii  was  ever  conceived  by 
men,  from  the  iScythian  down  to  the  Comanche.  Nor  has  this  been  the  con- 
duct of  an  unbridled  soldiery  menly.  Those  officers  of  their  army  who  have 
surpassed  the  rest  of  the  infamous,  in  infamy,  have  been  rewarded  with 
promotion  by  their  Government.  Nor  has  their  Government  been  alone  in 
identifying  itself  with  these  crimes.  The  people  of  the  North  have  never 
failed,  "when  the  opportunity  was  presented,  to  render  ovations  to  the  most 
transcendent  among  tiie  criminals,  while  their  press  has  been  constant  in  its 
laudation,  and  their  orators  and  preachers  have  cried  out  "well  done." 
Armv,  Government  ami  people  have  united  to  make  the  name  of  Yankee, 
suggestive  as  it  was  before  of  fraud,  now  the  synonym  of  barbarism  and 
baseness. 

KEsoLurios  6.  By  the  just  pride  of  the  manhood  and  the  virtue  which 
we  claim  as  individuals  and  as  a  people;  by  the  divine  command  which 
warns  us  not  to  walk  in  the  way  with  the  wicked  ;  by  tlie  memory  of  our 
murdered  dead;  by  the  sight' of  the  bereaved  mothers,  widows,  sisters, 
daughters  and  orphans  ia  our  land;  by  the  hearlbrokenness  of  trampled 
virtue,  and  by  our  desolated  hearths,  ffe  are  forbidden  to  admit  a  thought  of 
further- association  witli  the  people  of  the  North.  Our  heroic  soldiers,  the 
living,  and  the  martyred  dead,  forbid  it  ;  and  our  trust  in  God  forbids  it. 

Kksoluvion  7.  We  declire  that  we  are  earnestly  desirous  of  peice, 
but  we  say  no  less  distinctly  that  it  must  be  coupled  with  our  indepeudence. 


22 

And  if  the  people  of  the  United  States  be  really  disposed  to  terminate  the 
■war,  they  will  best  prove  that  disposition  by  making  theii  proposition  to  the 
Government  of  the  Confederate  States,  which  alone  can  entertain  it. 

Eesolution  8.  That  a  copy  of  these  resolutions  be  transmitted  to  the 
President  of  the  Confederate  States,  to  each  of  our  Senators  and  Representa-' 
tives  in  Congress,  and  to  the  Governor  of  each  State  in  the  Confederacy. 

Approved  Nov.   12,  1864. 


CHAPTER  II. 


JOINT  RESOLUTIOK 


Se  it  Resolved  by  the  Legislature  of  the  State  of  Texas:  That  the  Governor 
be  and  is  hereby  required,  to  discharge  from  service  in  the  Frontier  Organiza- 
tion, all  persons  now  embraced  in  said  organization,  who  were  not  bona  fide 
citizens  of  the  Frontier  on  the  1st  day  of  July,  1863. 

Approved  November  15th,  18G4. 


CHAPTER  III. 

JOINT  RESOLUTION,  construing  ''An  Act  to  require  the  Financial  Agent 
of  (he  State  Penitentiarj/  to  settle  his  accounts  quarterly  with  the  ■  State 
Comptroller,"  approved  January  2d,  1862. 

Whereas,  There  appears  to  be  reason  to  apprehend  a  diversity  of  opinion 
between  the  Comptroller  and  the  Financial  Agent  of  the  State  Penitentiary 
concerning  the  manner  of  rendering  accounts  by  the  latter — now,  in  order  to 
obTiate  any  such  ditliculty.  and  to  insure  necessary  information  concerning 
all  financial  aiiairs  of  the  Penitentiary, 

Be  it  resolved  by  the  Leyislnturc  of  the  State  of  Texas,  That  the  true  construc- 
tion of  .said  act  enjoins  on  said  .-Vgent  the  duty  of  rendering  accounts  concern- 
ing otlier  property'  as  much  as  conce^  uing  money — by  specific  details  of  all 
receipts  and  disbur  ements,  including  every  kind  of  disposal — by  showing  not 
only  pecuniary  balances,  but  also  stocks  of  other  property  on  hand— and  by 
exhibiting  appropriate  vouchers 

And,  to  these  ends;  said  act  enjoins  on  the  Comptroller,  as  he  may  consider 
necessary  and  proper,  to  prescribe  the  modes  of  making   such  accounts    and 
rendering  them — and  to  require  of  the  Agent,  that  he   observe  such  modes. 
And  fiirtlier,  that  this  resolution  be  in  force  from  its  adoption. 
Approved  Nov.  15th,  18G4. 


CHAPTER  IV. 

JONT  RESOLUTION  of  thanks  to  the  ninth  rcyirnemt  of  Texas  Infantry  and 
other  State  troops. 

"Wmerkas,  On  the  -Ith  day  of  June,  1864,  the  Congress  of  the  Confederate  States 
ef  America  passed  a  resolution  of  thanks  to  the  ninth  regiment  of  Texas  Infant- 
ry in  the  words  following,  to- wit : 

"  The  Congress  of  the  Confederate  States  of  America  do  resolve,  That  the  th«nk 
of  Congress  are  eniiueiitly  due,  and  are  hereby  tendered  to  the  ninth  regiment  of 
Texas  Infantry  for  their  patriotic  conduct  in  re-enlisting  for  the  war,  and  tendering 
their  energies,  lives  and  honor  to  the  service  of  the  Confederate  States  till  it  la 
ended  and  our  independence  achieved." 


as 

1.  It  is  Resolved  hy  the  Leffislatvre  of  the  State  of  Texas,  That  his  excellency^ 

the  Governor,  be  requested  to  cause  said  resolution  to  be  plseed  upon  the  execu- 
tive records  and  filod  amouEcst  tlie  arehivis  of  the  State  as  a  perpetual  monument 
of  their  gallantry  and  pairiolii;  devotion  to  their  country. 

2.  Unsolved,  That  the  ninth  regiment  of  Texas  Infantry,  on  whose  battle  flag 
is  emblazoned  Shiloh,  Perryville,  Murphreesboro,  Jackson,  Chici<amauga  and 
Missionary  Ridge,  is  not  only  entitled  to  the  distinction  bestowed  upon  it  by  Con- 
gress in  said  res'ihition,  but  it  iscmiueully  entitled  to  the  thanks  of  the  State  of 
Texas,  which  are  hereby  cordially  given  to  it  fur  iis  gallant  and  heruic  conduct  on 
the  above  battle  fields,  on  which  it  fully  sustained  the  higli  reputation  everywhere 
ascribed  to  Texas  valor. 

3.  That  it  is  with  no  feeling  of  partiality  for  the  ninth  regiment  above  that  felt 
by  us  for  every  other  regiment  frotn  Texas,  that  lite  foregoing  resolutions  are 
agreed  to,  but  because  tlie  merits  of  tliis  regiment  have  been  especiallv  called  to 
our  attention,  and  while  we  freely  accord  to  the  ninth  regiment  our  "admiration 
and  esteem,  yet  we  cannot  refrain  on  such  an  occasion  from  giving  expression  to 
that  fathomless  gratitude  which  the  powers  of  no  langimge  can  convev,  felt  by 
every  Texan  for  the  gallantry,  heroism  and  uncomjuerablc  dov.Aiou  to"  our  lioly 
cause  displayed  on  every  field  and  under  every  vicissiiudc  of  trial  and  hard.-^liip  liy 
ever}-  Texas  regiment.  We  feel  that  all  have  done  their  duty  nobly.  They  are 
the  representatives  and  upholders  of  the  brightly  accumulating  glories  that  are 
fast  gathering  new  lustre  to  adorn  and  make  still  more  effulgent  tlie  halo  of  glory 
that  surrounds  the  arms  of  Texas.  We  are  proud  of  them.  But  their  glory 
belongs  not  alone  lo  Texas.  It  is  shared  in  by  our  sister  States,  and  umkea 
the  hearts  of  pHtriots  leap  with  joy  everywhere  throughout  the  utmost  bounds 
of  civilization,  and  ciijiUenges  the  respect  of  our  enemies,  and  fills  thehearfca 
of  the  oppressors  of  nankuul  with  awe  and  terror. 

4.  That  while  no  expression  of  ours  can  reach  (he  silent  resting  places 
of  the  heroic  dcsd,  we  cannot  but  remember  that  we  owe  (o  them  as  m  cii  as 
to  the  living.  They  have  consecrated  in  the  hearts  of  their  countrymen  a 
gratitude  that  will  be  perpetuated  as  long  as  a  love  of  li'>eriy  exists  in  iho 
bosoms  of  men,  and  be  as  enduring  as  the  pyramids  of  Plgypt — more  lasting 
than  mouuments  of  marble  or  brass,  though  capped  with  shafts  that  pierce 
the  skies. 

0  Tliat  we  place  our  reliance  firmly  in  the  God  of  Hosts  for  the  final 
success  of  our  cause,  and  humbly  trust  that  He  will  support  our  armies  in 
every  trial,  shield  them  with  His  miglily  arm  in  the  terrible  liour  of  battle, 
speedily  give  them  victory  and  success,  grant  us  peace  atid  inJcpcadence, 
and  restore  our  absent  heroes  to  their  homes  and  loved  vnes. 

G.   That  these  Resolutions  be  published  for  the  information  of  our  troops. 

Approved,  November  15ih,  18G1. 


CHAPTER  V. 
f 

JOINT  RESOLUTION. 

Resolved  hy  Che  L'gislntvre  of  the  State  of  Tex/is,  That  the  impressment 
of  beef  by  the  niilitary  authority,  for  the  purpose  of  exporting  the  same 
to  Mexico,  is  unwise  as  well  a«  uiilawfi>l. 

That  it  is  upon  the  beef  of  Texas  that  a  large  portion  of  the  army  and 
people  of  the  Coufederate  States  are,  in  a  great  measure,  to  rely  for  sub- 
sistence. 

That  the  wliolesale  impressment  of  beef  now  being  made  by  the  military 
authorities  at  the  instance  of  the  Government  agents  and  contractors  for 
the  purpose  of  exporting  the  same  to  Mexico  for  speculative  purposes,  is 
calculated  to  destroy  the  .'*t(!ck  interest  of  our  State,  and  thereby  greatly 
weaken  the  resources  of  our  Confederacy. 


24 

That  we  respectfully  request  the  commandant  of  the  Trans-Mississjppi 
Department  to  prohibit  forthwith  the  impressment  of  beel  for  the  purpose 
of  exporting  the  same  to  Mexico.  Also,  that  whenever  there  is  a  necessity 
for  making  impressments,  to  have  the  same  done,  in  strict  conformity  with 
the  law,  and  with  due  regard  to  the  public  interest. 

That  the  Governor  of  this  State  forward  a  copy  of  this  resolution  to 
Gen.  E.  K.  Smith,  the  President  of  the  Confederate  States,  and  to  each  of 
our  Senators  and  R'-prescntatives  in  Congress. 

Approved,  Nov.  15th,  1864. 


CHAPTER  VI. 

JOINT  RESOLUTION  concerning  the  laying  of  export  duties  on  cotton. 

Section  1.  Be  it  Resolved  hy  the.  Legislature  of  the  State  of  Texas,  That  it 
being  a  prime  object  to  realize  through  the  cotton  in  the  Confederacy  the 
largest  possible  value  with  which  to  support  this  war,  we  say  that  the  nieaus 
to  do  so  up  to  this  time  have  not  been  adopted  to  that  end.  Tiie  military 
regulations  and  multifarious  cotton  orders,  from  time  to  time  publislied,  have 
broken  up  legitimate  trade.  Tiie  impressment  and  forced  sale  of  the  mate- 
rial has  still  further  depreciated  its  value  by  rendering  property  in  it  uncer- 
tain. These  regulations  and  orders  were  bad  in  themselves,  but  vere  still 
more  disastrous  because  of  the  uncertainty  attending  tliom.  No  one  could 
regulate  his  btisincss  by  them,  because  they  could  be  revoked  in  the  next 
■week  or  month.  And,  finally,  tlie  Prtsident  of  the  Gonfederate  Stales  hav- 
ing, under  the  authority  of  an  act  of  Congress,  taken  cliarge  of  the  subject, 
has  made  regulations  which  he  may  suddenly  change.  The  consequence  of 
this  management  persevered  in,  cannot  fail  to  be  the  cessation  of  produc- 
tion and  with  it  all  revenue  derived  from  that  source.  Nor  has  this  been  the 
only  evil  resulting  from  this  vicious  system.  General  officers  whose  whole 
time  is  required  in  the  field,  are  compelled  to  turn  from  their  proper  military 
duties  to  traffic.  To  superintend  this  traffic,  large  numbers  of  men  are  with- 
drawn from  the  army  at  a  lime  when  the  service  of  every  man  is  necessary. 
And,  after  all,  tlic  result  is  unprofitable,  as  always  happens  when  a  govern- 
ment enters  the  market  depending  upon  numerous  agents,  A  further  con- 
sequence of  this  system  has  been,  that  the  country,  seeing  the  large  outlay 
for  cotton  purcliased  and  the  small  return,  have  become  suspicious  of  pecus 
lation  and  convinced  of  mismanagement,  and  men  who  were  at  first  willing 
to  give  their  cotton  to  support  the  army,  are  now  loth  to  sell  it  to  any  gov- 
ernment agent. 

Tha',  to  avoid  the  consequences  of  the  present  system,  and  to  procure  the 
largest  amount  of  revenue,  we  recommend  to  the  government  of  the  Con'cd- 
erate  States  to  desist  from  the  purchase  and  impressment  of  cotton,  from  the 
impressment  of  teams  engaged  in  hauling  it.  to  leave  private  enterprise  free 
to  transport  and  export  it,  and  to  lay  as  heavy  an  export  tax  on  it  as  it  will 
bear,  not  to  impair  its  production. 

Approved,  November  15th,  1864. 


INDEX  TO  GENERAL  LAWS. 


A 

ASSESSMENT  ROLLS,                                                                                 page. 
To  insure  correct  returns  of,  to  the  Comptroller's  office 4 

APPROPRIATION, 

To  defray  the  contingent  expenses  of  the  office  of  Attorney 

General,  for  the  3'ears  1864  and  1865 5 

To  pay  mileage  and  per  diem  of  the  Second  Extra  Session  of 

the   Tenth   Legislature 6 

To  pay  the  contingent  expenBes  of  the  Second  Extra  Session 

of  the  Tenth   Legislature 1 

To  enclose  the  State  Cemetery 15 

Salary  of  the  Governor's  Private  Secretary 16 

Additional,  to  defray  the  expenses  of  defending  the  Frontier. .  16 
A-dditional,  for  the  support  of  the  State  Government  for  1864 

and  1865 i1 

Salary  of  the  Chief  Clerk  of  the  Treasury  office 18 

Salary  of  Clerk  to  sign  the  name  of  the   Treasurer 18 

To  repair  or  recover  roof  on  Old  Laud  Office 19 

To  repair  and  recover  roof  on  Executive  Mansion 19 

B 

BEEF, 

Joint  Resolution  in  relation  to  Impressment  of 2S 

c 

COURT,  SUPRREME, 

4th  Section  of  the  Act  organizing  amended 3 

Clerk  for  each  division  to  be  appointed 3 

Synopsis  of  Decisions  of,  to  be  published 15 

COUIT,  DISTRICT, 

To  define  and  fix  the  time  of  holding  Courts  in  the   2d  Judi- 
cial District 4 

To  define  and  fix  the  time  of  holding  Courts  in  tho  I'Fth  Judi- 
cial District .' 15 

COURTS,  COUNTY, 

Their  duties  in  regard  to  Juries 5 

Act  to  amend  tho  12th  and  24th  Sections  of  the  Act>  in  rela- 
tion to  roads 5 

To  have  control  of  the  cloth  set  apart  to  support  soldiers'  fam- 
ilies      10 

Act  of  March  20th,  1843,  regulating  proceedings  in,  amended     17 


26 

CODE  OF  CRIMINAL  PROCEEDURE, 

Articles  960,  962,  and  964,  amended,  relating  to  pay  allowed 

Sheriffs,  for  supporting  prisoners  and  bow  made C 

CODE,  PENAL, 

See  "Penal  Code." 
CLOTH, 

See  "Penitentiary.', 
COUNSEL,  LEGAL, 

Persons  protected  in  their  right  to  consult 15 

CLERKS, 

Salary  of  Chief  Clerk  of  Treasury  office  fixed ■. . .     18 

COTTON, 

Joint  Resolution  concerning  export  duty  on 24 

D 

DECISIONS  OF  THE  SUPREME  COURT, 

Synopsis  of,  to  be  published 15 

DISTRICT  COURTS, 

See  "Courts." 

E 

Estates  of  diseased  persons. 

Proceedings  in  relation  to  escheated  property,  amended 17 

EXECUTIVE  mansion. 

Appropriation  to  recover  and  repair 19 

F 

FDfANCIAL  AGENT  OF  THE  PENITENTIARY, 

Joint  Resolution  construing  the  Act  requiring  him  to  settle  his 

accounts  with  the  ComptroUer .* 23 

Duties  of,  under  Act  to  support  Soldiers'  famihes • 10 

FRONTIER  ORGANIZATION, 

Joint   Resolution  requiring  the  discharge  of  certain  persona 

therefrom 23 

J 

JOINT  RESOLUTION, 

Of  thanks  to  the  9th  Regiment  and  other  State  Troops 22 

JURIES, 

Act  supplemental  to  Act  regulating 5 

L 

LANDS, 

Sold  for  taxes,  time  for  Redemption  of,  extended 17 

LAND  OFFICE,  (Old,) 

,         Appropriation  to  repair  roof  of 19 

M 

MACHINERY, 

Act  encouraging  erection  of,  amended 3 


27 

O 

OCCUPATION  TAXES, 

Act  levying, 7 

P 

PENITENTIARY, 

600,000  yards  of  Cloth  set  apart  for  supporting  Soldiers'  Fam- 
ilies      10 

To  regulate  the  distribution  of  cloth  manufactured  at 13 

Counties  that  have  not  received  tlieir  quota  of  cloth  under,  for- 
mer regulations,  may  receive,  and  how 13 

Convicts  from  Louisiana,  Arkansas,  and  Missouri,  may  bo  con- 
fined in 14 

PENAL  CODE, 

Punishment  for  defeating  the  right  to  consult  legal  counsel. ...     15 

PEACE,  RECONSTRUCTION,  AND  INDEPENDENCE, 

Joint  Resolution  concerning 20 

PRIVATE  SECRETARY  OF  THE  GOVERNOR, 

Salary  of,  regulated 16 

K 

ROADS, 

Law  regulating  and  appointing  overseers  of,  amended 5 

RAILROAD  COMPANIES, 

To  discharge  their  indebtedness  to  the  Special  School  Fund 
in  Treasury  Warrants,  Bonds,  and  Coupons  of  State 
Bonds 14 

s 

SUPREME  COURT, 

See  "Court." 
SHERIFFS, 

What  pay  and  how  made,  allowed  for  supporting  prisoners 6 

SPIRITUOUS  LIQUORS, 

Tax  on  sale,  and  distillation  of 7 

SOLDIERS,  TEXAS, 

To  provide  more  effectually  for  the  support  and  maintenance  of 

the  families  of 10 

County  Courts  to  levy  a  specific  tax  for  the  support  of  the  fam- 
ilies of : . . . .     12 

^JJ',  600,000  yards  of  Penitentiary  elotli  and  all  the  excess  of  thread 

set  apart  for  support  of  famihes  of 10 

Act  of  the  present  Session  for   the   support  of   families  of, 

amended 12 

County  Courts  to  apply  for  their  quota  of  cloth,  within  90  days, 

and  providing  for  disposition  of,  if  not  applied  for. ...     10 

Certain  Act  iu  regard  to  families  of  soldiers,  repealed 13 

STATE  CEMETERY, 

Appropriation  for  enclosing 15 

STATE  TREASURER, 

Authorized  to  employ  a  competent  person  to  sign  his  name  in 

certain  cases,  and  making  an  appropriation  therefor. ...     18 


58 

T 

TAXES, 

Occupation  and  Income,  levied 7 

To  be  paid  in  Specie,  Treasury  Warrants,  or  Coupons  of  State 

Bonds 9 

Specie  tax  to  be  levied  by  County  Courts,  if  in  their  discretion, 
they   deem   it   necessary  for  the  support  of  Solderis' 

families 11 

Payment  in  produce  may  he  made , 11 

Time  to  redeem  land  sold  for,  extended 17 


DEPARTMENT  OF  STATE,  t 
Austin,  Texas,  January  19tli,  1865.      ) 
I,  R.  J.  TowNES,  Secretary  of  State  for  the  State  of  Texas,  do  hereby  certify, 
that  I  have  compared  the  foregoing  Laws  and  Joint  Resolutious  of  the  Second 
Called  Session  of  the  Tenth  Legislature,  with  the  originals  now  on  file  in  the  De- 
partment of  State,  and  that  they  are  true  copies  of  such  originals. 

I  further  certify,  that  the  said  Second  Called  Session  of  the  Tenth  Legislature 
of  "the  State  of  Texas,  assembled  on  Monday,  the  17th  day  of  October,  1864,  and 
adjourned  on  .the  15th  day  of  November,  1864. 

In  testimont  whebeof,  have  hereunto  set  my  hand,  and  affixed 
the  Seal  of  the  Department  of  State,  the  day  and  date  abova 
written. 

E.  J.  TOWNES, 

Secretary  of  State. 


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